Susmita Roy And ANR v. State Of West Bengal

30.06.2022 Serial no. 34 [Dd] (Anticipatory Bail) (Allowed) CRM (A) 3101 of 2022 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Muchipara Police Station Case No. 196 of 2021 dated 19.10.2021 under Sections 498A/406/506/34 of the Indian Penal Code and under Sections 3 and 4 of the Dowry Prohibition Act now pending as G.R. Case no. 840 of 2021. -AndIn the matter of : Susmita Roy & Anr.

... ... Petitioners Mr. Pawan Kr. Gupta, Mr. Manish Sukla, Ms. Sofia Nasar, Mr. S. Sett Advocate ... ... For the Petitioners Mr. Pratick Bose, Mr. Surajit Saha, Advocates ... ...For the State Petitioners prays for anticipatory bail.

Learned advocate appearing for the petitioners submits that the petitioner no. 1 is the mother-in-law of the de facto complainant while the petitioner no. 2 is the sisterin-law of the de facto complainant. The police complaint was engineered in order to oust the petitioners from their residence, if possible. He refers to the contents of the complaint.

Learned advocate appearing for the State draws the attention of the Court to the materials in the case diary including the injury report of the victim.

The Court is informed that the petitioners complied with the notices under Section 41A of the Criminal Procedure

Code. It is also contended on behalf of the petitioners that recovery under Section 406 IPC was made.

Considering the gravity of the offence and the involvement of the petitioners therein and considering their relationship with the de facto complainant, we are inclined to grant anticipatory bail to the petitioners.

Accordingly, we direct that in the event of arrest the petitioners shall be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand Only) each, with two sureties of like amount each, to the satisfaction of the arresting officer and also be subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and on further condition that petitioners shall cooperate with the investigation till its completion and on further condition that the petitioners shall appear on every date before the jurisdictional Court on and from the date fixed for appearance of the accused and in default the jurisdictional Court will pass appropriate order to secure the presence of the petitioners in Court including cancelling the anticipatory bail granted without further reference to this Court.

Prayer for anticipatory bail of the petitioners is allowed.

CRM (A) 3101 of 2022 is disposed of.

(Debangsu Basak, J.) (Bibhas Ranjan De, J.)